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TMI Blog1983 (6) TMI 207X X X X Extracts X X X X X X X X Extracts X X X X ..... t of other isues or trial of the entire case as a whole. The argument has arisen because of the change in the terminology of R. 2 of O. 14 of the Code. According to Mr. Tijoriwalla the amendment not made any difference where the issues relate to the jurisdiction of the Court or to the legal bar to a suit. According to Mr. Tijoriwalla if such issues are raised the Court is obliged to hear and decide those issues despite what he calls the apparently discretionary language of sub-r. (2) of O. 14, R. 2. Before I proceed to examine the contention of Mr. Tijoriwalla it would be appropriate to notice what the position of law was before the amendment of O. 14, R. 2 of the Code. O. 14, R. 2 of the Code as is existed before the amendment in 1976 read ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision that both the conditions have been fulfilled, it is obligatory upon the Court and the Court has no option but to determine such issue or issues of law as preliminary issues. If either of these conditions is not satisfied then there was no obligation upon the Court to decide any issue as a preliminary issue. However, there was a discretion despite the provision contained in O. 14, R. 2 enabling a Court to decide mixed question of fact and law if in the opinion of the Court it disposes of a case or part of a case. However, the Court was to bear in mind:- . the two well-known but contracting principles, one being that to save waste of time and costs it would be desirable to dispose of the case on a preliminary issue if prima f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on an issue of law only, it may try that issue first if that issue relates to- (a) the jurisdiction of the Court, or (b) a bar to the suit created by any law for the time being in force, and for that purpose may if it thinks fit, postpone the settlement of the other issues until after that issue has been determined, and may deal with the suit in accordance with the decision on that issue. 11. From the above it is easily seen that there is an obligation cast upon the Court that even though a case may be disposed of on a preliminary issue the Courts shall subject to the provision of sub-rule (2) pronounce judgment on all issues. In other words, the obligation to decide a question of law as a preliminary issue if that decision dispos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithout there being necessity to do so as preliminary issues from which either appeals or revisions were preferred and the proceedings in the suit were stayed. This prolonged rather than abridged the proceedings in a suit and it is obviously to obviate such situations that the Legislature amended O. 14, R. 2. While interpreting any amendment, it must be presumed that the Legislature was aware of the law prevalent before the amendment. If this is so then one must proceed on the further assumption that the Legislature would not make any unnecessary amendment and the amendment made is for preventing the mischief arising out of the law existing at the time of the amendment. 14. Mr. Tijoriwalla invited my attention to several judgments, some o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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